Analysis On The Behavior Of Non-salvation-in-danger Should Not Be Punished

In recent years, China’s economy is witnessing a rapid development, the material civilization has achieved great success. At the same time, China’s spiritual civilization is relatively backward, and the level of social morality is declining. For example, the phenomenon of non-salvation-in-danger, non-salvation-in-death is often found in newspaper. Because such events occurrences frequently, it not just ruin the social atmosphere, but also threaten the personal safety of those who is in danger seriously, even causing serious consequences. In a sudden, it has been becoming a hot topic of social concern. Because of the inability of moral constraints, many people make their vision turn to the field of criminal law. Although the behavior of non-salvation-in-danger is crime in so many European countries’ criminal law, otherwise, there is no corresponding provision in our criminal law. So, our judicial authority cannot go against the principle of legality to punish the person who does not save the people in danger directly. Moreover, because the relationship between social morality and criminal theory is particularly complex, there is a huge controversy standing on the top of the mountain that the behavior of non-salvation-in-danger should be punished or not.To try to solve the above-mentioned problem, this article starts from the phenomenon of non-salvation-in-danger’s founded range, summarizes the focus controversy of the behavior of non-salvation-in-danger should be punished or not, analyses in both theoretical and practical society aspects. Finally, the answer is: the behavior of non-salvation-in-danger should not be included in adjustment range of China’s Criminal Law. In other words, the author thinks that the behavior of non-salvation-in-danger should not be punished. In addition to the introduction and conclusion,The first chapter is an overview about the behavior of non-salvation-in-danger should be punished or not. First, the author summarizes some scholars’ opinions refer to the concept of the behavior of non-salvation-in-danger,and try to define the behavior of non-salvation-in-danger in my own words. The author in this chapter also summarizes the focus controversy of the behavior of non-salvation-in-danger should be punished or not. They are mainly shown in the following three aspects: 1. Moral obligation could be transformed into a legal obligation or not? 2. The question that the behavior of non-salvation-in-danger should be punished meets Tolerance of Criminal Law or not? 3. There are some operational difficulties of the behavior of non-salvation-in-danger should be punished in judicial practice or not? At the end of this chapter, the author proposed the behavior of non-salvation-in-danger should not be punished.The second chapter mainly discusses the theoretical dilemma of the behavior of non-salvation-in-danger should be punished. This chapter will analyze this question from three aspects: the basic theory of criminal law, law’s Inheritance and transplantation, International trends in criminal legislation. I think, at the aspect of the basic theory of criminal law, the question that the behavior of non-salvation-in-danger should be punished will contrary to "the law is a moral bottom line" principle, go against Tolerance of Criminal Law. And, as a kind of the non-action crime, there is a doubt about the source of act duty. At the aspect of law’s Inheritance and transplantation, because of the huge difference of realistic background between China and overseas, these Legislation cases cannot fully support this view that the behavior of non-salvation-in-danger should be punished. At the aspect of International trends in criminal legislation, after World War II European countries recognize the value of diversification, more and more people agree with the point of tolerant society. As a result, the reform movement about the minor crimes decriminalization starts from the fields of morality and religion. Because the sentence requires a lot of resources, we should use the penalty more carefully. If the behavior of non-salvation-in-danger is written into the Criminal Code, we must force this behavior by the penalty method. It’s clearly against the tide.The third chapter mainly discusses the social problems of the behavior of non-salvation-in-danger should be punished. If so, in judicial practice, so many operating difficulties will occur. For example, the subject of crime is difficult to determine, the content of subjective guilt is difficult to determine, the Conviction and sentencing is difficult to determine, and obtaining evidence is difficult. These difficulties will easily make the “Criminalizing of non-salvation-in-danger” becoming a useless law article. Otherwise, in the foreign judicial practice, there are a few cases about the crime of non-salvation-in-danger. Even though some country punished this behavior, more controversies occurred in the society. Therefore, the actual effect is not satisfied for everyone, might even cause other negative social impacts.